Grounds For Annulment Of Probate Under Section 263 Are Illustrative, Not Exhaustive: Bombay High Court

The Bombay High Court has clarified that the grounds for revoking or annulling a probate under Section 263 of the Indian Succession Act, 1925, are illustrative and not exhaustive.

The Court held that limiting “just cause” only to the enumerated grounds would defeat the provision’s purpose of ensuring fairness and preventing fraudulent or unjust probate grants, as a narrow interpretation would undermine its objective.

The Court further concluded that courts possess wide discretion to determine “just cause” based on the unique factual context of each case, ensuring flexibility in adjudication and preventing injustice arising from rigid statutory interpretation.

[Sarwan Kumar Jhabarmal Choudhary v. Sachin Shyamsundar Begrajka]